Should the state and local governments have greater latitude to contract out public works projects to private architectural and engineering firms?

Many public officials believe so. Ditto for the Civil Engineers and Land Surveyors of California, a statewide association of private engineers, which for years has been trying to enable outside contractors to land a larger share of public works jobs. That's why it raised $2 million to place Proposition 35 on the ballot seeking to amend the state constitution to achieve an eminently reasonable objective.

California cannot keep pace, for example, with the building projects required to help relieve the increasing congestion on state roadways. More to the point, Caltrans engineers will be hard-pressed to handle in a timely manner the recently approved $6.8 billion to ease traffic congestion, rebuild aging highways and railroads as well as shore up unstable bridges and overpasses against earthquakes.

The state should be looking to qualified private-sector entities to help pick up the slack. But California has been constrained from doing so because of lawsuits brought by a public employee union that represents government engineers. Local governments that cooperate with the state on transportation and other building projects are subject to lawsuits as well.

In 1997, the California Supreme Court ruled that Caltrans can hire out architectural and engineering design work when cost savings can be achieved, when emergency situations dictate expedited work scheduling, and when government employees lack the expertise to handle special projects. But the union, which views private contracting as a threat to its members, has hamstrung state and local governments from contracting out public works projects.

Critics contend that the passage of Proposition 35 would prompt politicians to award lucrative projects to their big contributors. In fact, state and local officials still would be subject to the same contracting rules to deter cronyism and corruption. What's more, the measure requires "a fair competitive selection process."

Although the independent Legislative Analyst's Office cannot specify the fiscal impact of this measure, it says that "during times of workload growth the ability to contract out for these services could result in project completion earlier than through the training and hiring of new state workers." And that would translate into considerable savings for taxpayers. It also should be noted that this office has recommended that Caltrans contract out more work.

California desperately needs new and improved roads, schools, sewage systems and water projects. Proposition 35 is the means to help expedite their completion. It rates a Yes vote.


<--- Back to Articles Home Page